CPCN ticket from private company (now BPA member after ticket was issued)

aghhga

Hi there,

On the 12th July I received a 'Civil Penalty Charge Notice' from a private company called Corporate Services (Enforcement Division) based in Hereford. I was parked in their KFC carpark, next to the hospital. There are other threads on this group but my query is slightly different.

Initially I thought based on advice in this forum that I should do nothing, they weren't BPA members and had no way of legally obtaining info from the DVLA and shouldn't be issuing 'penalties' anyway. However as of today (according to the BPA who I just got off the phone with) they have been accepted as members of the BPA with AOS status, this means they are now able to obtain DVLA information. So I am unsure how to act or respond, although I have emailed the BPA for advice as well.

The ticket says appeals with full payment to company within 14 days. no thank you. But now they are BPA any appeals would happen independently so the information ticket is invalid now.

My ticket was issued for 'not using venue when parking.' Thats referring to KFC. This is because I parked and went into the hospital for about 20 minutes, I then returned to the car park going immediately into KFC to get some food. It was only once I left KFC with food and went to get into car that I saw the ticket on my windscreen. Stupidly I didn't get a KFC receipt, however since they claim on the ticket to have cctv footage as evidence I'm sure there would be footage of me going into KFC and returning to car with KFC food. So I don't think they have acceptable grounds for issuing a ticket. :mad:

So what do people think about this situation. Ticket issued 5 days before they are accepted as BPA members?

bazster

I already told you, they cannot request details from DVLA for something that happened before they were members, so if you DO hear from them, let us know and we'll attempt to make sure that their membership of the BPA is one of the shortest ever.

aghhga

Here's the reply I received from the BPA. It's the same as the advice I was previously given but nice to here it from someone official.


"Dear Mr/Mrs XYZ,

Thank you for your e-mail.

Please be advised the operator can only request address details from the DVLA from the date they became members and for any tickets issued on or after that date. They will not be able to request address details from the DVLA for tickets issued before they became members.

Obviously, if you contact them you will need to provide your address and this will enable them to chase the debt with you.

For a ticket issued before they were members, you can send in an appeal but you would have to provide your address. If the appeal is rejected you will not be able to use the next appeal stage which is POPLA. POPLA is only available to tickets issued by our members at the time.

Kind regards,

AOS Investigations Team"

In effect they're basically saying (or at least implying without wanting to spell it out) don't contact the operator and they won't be able to do anything about it! :T

My mind is at rest now. Needless to say if I do receive anything in the post I will be writing a nice reply about illegally obtaining my address. As well as informing BPA of the case. :rotfl:

bazster

aghhga wrote: »

Here's the reply I received from the BPA. It's the same as the advice I was previously given but nice to here it from someone official.


"Dear Mr/Mrs XYZ,

Thank you for your e-mail.

Please be advised the operator can only request address details from the DVLA from the date they became members and for any tickets issued on or after that date. They will not be able to request address details from the DVLA for tickets issued before they became members.

Obviously, if you contact them you will need to provide your address and this will enable them to chase the debt with you.

For a ticket issued before they were members, you can send in an appeal but you would have to provide your address. If the appeal is rejected you will not be able to use the next appeal stage which is POPLA. POPLA is only available to tickets issued by our members at the time.

Kind regards,

AOS Investigations Team"

In effect they're basically saying (or at least implying without wanting to spell it out) don't contact the operator and they won't be able to do anything about it! :T

My mind is at rest now. Needless to say if I do receive anything in the post I will be writing a nice reply about illegally obtaining my address. As well as informing BPA of the case. :rotfl:

DVLA. If it happens, inform DVLA. They are the ones giving out data without doing due diligence.

Guys_Dad

bazster wrote: »

DVLA. If it happens, inform DVLA. They are the ones giving out data without doing due diligence.

Careful.

If PPC applies to DVLA for info AFTER becoming a BPA member, even for a contravention BEFORE the date of joining BPA, then, DVLA won't fail any due diligence, unless PPC was idiot enough to tell them the whole story!

However, they should be informed of the misuse in that event. :beer:

spacey2012

DVLA could not care less about data.
End of story

bazster

Guys_Dad wrote: »

Careful.

If PPC applies to DVLA for info AFTER becoming a BPA member, even for a contravention BEFORE the date of joining BPA, then, DVLA won't fail any due diligence, unless PPC was idiot enough to tell them the whole story!

However, they should be informed of the misuse in that event. :beer:

Careful my @ss, they would be failing. They have an obligation to check there is "reasonable cause" before handing out any data, and they don't do this. That they hide behind the smokescreen of the BPA, and the Information Commissioner lets them get away with it, doesn't make it right or legal. :beer: